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Bring a spouse of an LPR to US

Discussion in 'V Visas' started by esusanto77, May 14, 2008.

  1. esusanto77

    esusanto77 New Member

    I am Indonesian. I got my Permanent Resident since June 2006. I'm planning to get married next year with my girlfriend who lives in Indonesia.

    The questions are:
    - What is the best and fastest way to bring her to live and work in US legally? Using F-1 or H-1?
    - I know I can apply petition for her using form I-130. Should I file I-485 together with the I-130?
    - How long will she wait for I-130 to be approved?
    - Can she come and live in US while she waits for the approval?
    - Does V-1 visa still exist?
    - Assuming I'm gonna be a US citizen in 2011, will the visa number available for her right away after I become citizen? How long will it take for her to get her Permanent Residency?

    Notes: she graduated from Oklahoma State Univ. 3 years ago. She had to go home because her OPT was expired.

    Please give some input/ideas how I should bring her to US legally while I'm waiting for another 3 years to apply my citizenship.

    Thank you for your response
  2. nscagony

    nscagony Registered Users (C)

    If you get married she will have a very hard time to get F-1. H-1 is no problem.

    You can't file I-485 for 5 years or so after the I-130 was approved since no visa numbers are available. She can't wait in the US during this time.

    Once you become a citizen the numerical restriction goes away.

    You had to file for I-130 before 2000 to be eligible for a V-1 visa.
  3. Triple Citizen

    Triple Citizen Registered Users (C)

    In my opinion, only H-1B and L-1A/B visas are candidate choices for your significant other.

  4. esusanto77

    esusanto77 New Member

    Thank you "nscagony" for your reply. What do you mean by "Once you become a citizen the numerical restriction goes away."? Does it mean when I become citizen, her visa number would be available immediately regardless the 5-years waiting period for I-130 approval?

    What's the waiting time period of:
    - applying US citizenship to become citizen?
    - spouse's adjustment of status (I-485) from the day I become a citizen?

    Thank yo so much
  5. TheRealCanadian

    TheRealCanadian Volunteer Moderator

    There is no "5 year waiting period" in the law; it's just that since the category is oversubcribed, it takes around 5 years for a visa number to become available. Once you become a citizen she becomes an immediate relative which has an unlimited number of visa numbers.

    It'll take 9-18 months to become a citizen, and then another few months for her to adjust status or do CP.
  6. esusanto77

    esusanto77 New Member

    Thanks "Triple Citizen" for your answer. Can a company still sponsor her H-1B visa after her absence in US since she graduated 3 years ago?

    For L-1 A/B visa, what are the requirements or criteria to apply this? How long is the wait time?

    Thanks so much

  7. nscagony

    nscagony Registered Users (C)

    As long she is qualified and an employer sponsors her she can get H1B, but getting past the quota is a problem, especially if she doesn't have a US MS degree. For L1 she must have been working for a foreign company for a while and that company transfers her to the US. There is also O-1, if she has a PhD or similar extraordinary abilities.

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